When a homeowner passes away as the sole property owner, ownership transfers to their estate, and the probate process begins, whether there is a Will (Testate) or no Will (Intestate).
As an executor or administrator, you're responsible for insuring a property during probate.
But what happens if someone's living there?
While most online resources focus on unoccupied probate property insurance, this leaves a critical gap for those dealing with occupied properties. This gap could be costly, as standard (and often inappropriate) policies may result in denied claims and financial loss. This guide explains the risks and how to secure the right protection.
This type of policy is essential for anyone arranging occupied house insurance during probate, especially where standard policies may fall short.
If you need expert advice request a quote today.
Understanding the specific risks around occupied house insurance during probate will help you avoid common legal and financial pitfalls.
More properties remain occupied during probate due to the following:
This makes arranging insurance more complex for executors, administrators, and personal representatives, who hold legal responsibility for the property.
Suppose the wrong type of insurance is arranged, such as a standard home insurance policy or an unoccupied probate property policy. In that case, claims may be denied due to non-disclosure of occupancy status or insurable interest issues.
However, we can help you find the right insurance policy through the specialist insurance broking team at SJL Insurance.
If the property is unoccupied, read our guide on how to buy the best probate house insurance.
Insuring an occupied house during probate presents several key challenges:
Insurable interest means only those with a financial stake in a property can insure it.
For probate properties, executors, administrators, or personal representatives hold the insurable interest, even though they do not legally own the property. Future beneficiaries cannot arrange insurance because they do not have ownership rights until probate is granted and they have officially inherited the property.
This issue means that most standard home insurance policies are unsuitable.
A standard home insurance policy is usually unsuitable for occupied probate properties, and insurers will usually decline to offer cover because:
Standard landlord insurance is almost certainly not suitable unless a formal tenancy agreement exists.
This is a crucial point, as many executors assume this type of policy will work when it usually won't.
Most landlord policies require a formal tenancy agreement as a condition of coverage.
This makes this policy unsuitable even if people live on the property with the executor’s permission.
If the property was rented out before the owner's death with a formal tenancy agreement in place, and the tenancy is continuing, the existing landlord insurance might be transferable.
However, this must be discussed with the insurer immediately, and the policy must be updated to reflect the estate as the owner (see below).
Do not assume the existing policy will automatically cover the property during probate. Contact your insurer or broker for expert advice before making any assumptions.
When updating the insurance policy (or arranging a new one) the insured name on the policy should be updated to:
If you need advice arranging landlord insurance for a probate property, the team at SJL Insurance can help.
Most online insurance policies are usually for standard home or unoccupied home insurance. Insurers do not offer standard online solutions because an occupied probate property has a unique risk profile.
To avoid insuring the property incorrectly, you should speak with a probate insurance specialist like Insuristic rather than a general home insurance provider.
Struggling to find insurance for an occupied probate property?
You're not alone if you’ve been struggling to find insurance for an occupied probate property. Many executors and administrators hit roadblocks due to the lack of readily available policies.
We have developed a specialist solution with SJL Insurance that:
Protect yourself from personal liability, and get the right insurance policy today.
For more on how occupied house insurance during probate works, visit our dedicated Probate Insurance FAQ page.
If the property is occupied without the executor’s knowledge or permission, it poses a serious insurance risk. Most insurers will refuse to quote due to increased risks of fire, theft, malicious damage, and potential neglect. It’s essential that any occupants are disclosed and approved by the executor before arranging cover.
The executor or administrator of the estate is legally responsible for arranging suitable insurance. Beneficiaries or occupants cannot insure the home unless they hold insurable interest.
Most home insurance policies are invalid if the legal policyholder has passed away or if the property is occupied without the insurer’s knowledge.
No. Occupants without ownership or insurable interest can’t legally take out insurance. The policy must be in the name of the estate via the executor or administrator.
Only if there’s a formal tenancy agreement in place. Informal or family occupancy usually isn’t covered by landlord policies.
Our underwriters at SJL Insurance will call to discuss your requirements once you submit your quote.
As an executor or administrator, you can be personally liable for defending claims and covering losses if you don’t have Probate Insurance, even when the claim is made against the estate, not directly against you.
Contentious probate isn’t limited to courtroom battles; it often begins with disagreements over who inherits, how the estate is handled, or whether the Will is valid.
These situations may involve someone being left out of the Will, a dispute over how much someone should receive, concerns about how the Will was created, or confusion when no Will exists. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are particularly common.
Such disputes can delay the probate process, increase costs, and expose executors to personal liability. It’s far better to identify and address potential risks early, before they escalate.
They’ll assess your situation, confirm whether a claim is unlikely (which may help you qualify for Early Distribution Insurance), or provide expert guidance on how to protect both yourself and the estate from risk.
Probate Insurance can help protect against:
Hi, I'm Rob Faulkner, CEO & Founder of Insuristic.
I’m passionate about simplifying insurance to help everyday people, executors, beneficiaries, and law firms confidently choose the right probate insurance or unoccupied home insurance policy, without jargon, big commissions, or unnecessary fees that inflate your costs.
As an ACII-qualified Chartered Insurance Broker with nearly 30 years of experience, I’ve led product innovations at insurers, brokers, and Insurtech firms, developing solutions that make insurance simpler and more transparent.
I’m especially passionate about product development and marketing, which sit at the heart of our customer-first approach.
Want to learn more? Visit my author page or follow me on LinkedIn.
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Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.